CONCEPT OF INFORMATION SUFFICIENCY AS THE BASIS FOR INSPECTIONS ON COMPLIANCE WITH THE ESTABLISHED ANTICORRUPTION REQUIREMENTS
Authors:
1.
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
(otdel administrativnogo zakonodatel'stva i processa, zamestitel' zaveduyuschego otdelom)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
25.05.2015
Accepted:
25.05.2015
Published:
25.05.2015
Language:
Russian
Keywords:
Legislation, category, inspection, information, criteria, decision.
Abstract (English):
The article is devoted to the concept of information sufficiency as the basis for carrying out inspections on compliance with the established anticorruption requirements. The authors note that the legislator, establishing the information sufficiency requirement, doesn’t envisage other requirements to it, in particular, its completeness and reliability. The authors believe that such approach allows ensuring observance of interests of both the person being verified and the society in general. The requirement of information sufficiency allows excluding unreasonable ungrounded inspections. On the other hand, completeness and reliability at the stage preceding control measures cannot be ensured. Only control measures and their results are able to determine the reliability (or unreliability) of the available information, which will be reflected in the inspection results. In their article the authors criticize the practice of using in the current legislation of categories with the uncertain contents that permit a law enforcement official to vary his administrative discretion; also the authors offer suggestions for improvement of the existing regulations.
The article is devoted to the concept of information sufficiency as the basis for carrying out inspections on compliance with the established anticorruption requirements. The authors note that the legislator, establishing the information sufficiency requirement, doesn’t envisage other requirements to it, in particular, its completeness and reliability. The authors believe that such approach allows ensuring observance of interests of both the person being verified and the society in general. The requirement of information sufficiency allows excluding unreasonable ungrounded inspections. On the other hand, completeness and reliability at the stage preceding control measures cannot be ensured. Only control measures and their results are able to determine the reliability (or unreliability) of the available information, which will be reflected in the inspection results. In their article the authors criticize the practice of using in the current legislation of categories with the uncertain contents that permit a law enforcement official to vary his administrative discretion; also the authors offer suggestions for improvement of the existing regulations.
Keywords:
Legislation, category, inspection, information, criteria, decision.
Legislation, category, inspection, information, criteria, decision.
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